. . . if somebody is going to say I'm no longer chair of a committee that's not going to come from the county attorney." Commissioner Joe Knight

Jefferson County Attorney Jeff Sewell

BIRMINGHAM, Alabama -- Jefferson County's attorney and a majority of commissioners are at odds over whether the commission is in compliance with the county manager law, according to internal documents and interviews.

Eighteen months after hiring a county manager, the Jefferson County Commission has not formally relinquished their oversight of department heads and is out of compliance with the county manager law, the county's attorney warned this week in a memo obtained by al.com/The Birmingham News.

However, a majority of commissioners say they are in compliance with the law.

County Attorney Jeff Sewell distributed a memo dated April 2 to all five commissioners and other county officials recommending an updated resolution of organization for the commission which "will be a significant step in creating a culture of compliance in county government."

With a county manager now in place, the current resolution of organization creates confusion for some department heads who sometimes find themselves torn between the resolution and the county manager law, according to some county officials.

The county manager law, which went into effect March 31, 2011, removed the appointing authority from the five commissioners and gave it to Tony Petelos, who took office Oct. 1, 2011.

But some commissioners still go directly to county department heads and not through the county manager, according to several county officials who declined to be identified for fear of reprisal.

Sewell, in his memo, reminds commissioners of their testimony before a federal judge four months ago that they will "faithfully and fully comply with the county manager law." Sewell writes that an updated resolution would be consistent with that testimony, according to the memo.

The county attorney believes his updated resolution, if approved, would clearly define the duties of the county manager and the county commissioners.

For example, the roads and transportation committee; the information technology committee; the health services committee and other committees would no longer exist and would be replaced by one committee.

Currently, commissioners chair and oversee the individual committees made up of each department. However, Sewell has said his updated resolution insures that Petelos, as county manager, would have sole responsibility of those departments taking commissioners's oversight out of the picture.

No violations

A commission majority say the committee structure adheres to state law and no one has violated the county manager law.

"I understand what his (Sewell's) intent is, I don't agree with his assessment and his recommendation," Commissioner Joe Knight said. "I don't agree with his rewrite of the organizational plan."

"I don't believe that the current committee structure is inconsistent with the county manager form of government," Commission President David Carrington said.

Commissioners Jimmie Stephens and Sandra Little Brown said they also believe the current committee structure is working. Efforts to reach Commissioner George Bowman for comment were unsuccessful.

Sewell declined to comment. Petelos said he works with both county commissioners and the county attorney's office and declined further comment.

Law taken seriously

The matter came up last month when Carrington submitted a resolution to clarify how items were being advanced from the committees to the meeting agenda. Carrington said his effort showed how seriously the commission takes the county manager law.

"Basically the county manager is initiating these items for the (meeting) agenda - not the commissioners anymore," Carrington said. "The intent was to clearly show that these were items initiated by the county manager, not by the individual commissioners."

Commissioners said they will likely craft and consider this month their own resolution of organization that clearly defines the roles of the county manager and the commission committees.

Said Knight, "I'm an elected commissioner and if somebody is going to say I'm no longer chair of a committee that's not going to come from the county attorney -- that's going to come from the commissioners."